Marvin Rideout v. Harold Clarke

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [1000055936-2]; denying Motion to proceed in forma pauperis (FRAP 24) [1000063796-2]. Originating case number: 3:16-cv-00190-MHL-RCY. Copies to all parties and the district court/agency. [1000152104]. Mailed to: Marvin Rideout. [17-6382]

Appeal: 17-6382

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Filed: 09/08/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-6382

MARVIN RIDEOUT,
Petitioner - Appellant,
v.
HAROLD CLARKE, D.O.C.,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. M. Hannah Lauck, District Judge. (3:16-cv-00190-MHL-RCY)

Submitted: August 30, 2017

Decided: September 8, 2017

Before WILKINSON, NIEMEYER, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Marvin Rideout, Appellant Pro Se. Rosemary Virginia Bourne, OFFICE OF THE
ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 17-6382

Doc: 16

Filed: 09/08/2017

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PER CURIAM:
Marvin Rideout seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254
(2012) petition. The order is not appealable unless a circuit justice or judge issues a
certificate of appealability.

28 U.S.C. § 2253(c)(1)(A) (2012).

A certificate of

appealability will not issue absent “a substantial showing of the denial of a constitutional
right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the
merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would
find that the district court’s assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322,
336-38 (2003). When the district court denies relief on procedural grounds, the prisoner
must demonstrate both that the dispositive procedural ruling is debatable, and that the
petition states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at
484-85.
We have independently reviewed the record and conclude that Rideout has not
made the requisite showing. Accordingly, we deny Rideout’s motion for a certificate of
appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We
dispense with oral argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would not aid the decisional
process.
DISMISSED

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